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Author: Tony Foley
Publisher: Routledge
ISBN: 1317151836
Category : Law
Languages : en
Pages : 372
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Book Description
What are the requirements for a just response to criminal wrongdoing? Drawing on comparative and empirical analysis of existing models of global practice, this book offers an approach aimed at restricting the current limitations of criminal justice process and addressing the current deficiencies. Putting restoration squarely alongside other aims of justice responses, the author argues that only when restorative questions are taken into account can institutional responses be truly said to be just. Using the three primary jurisdictions of Australia, New Zealand and Canada, the book presents the leading examples of restorative justice practices incorporated in mainstream criminal justice systems from around the world. In conclusion, the work provides a fresh insight into how today’s criminal law might develop in order to bring restoration directly into the mix for tomorrow. This book will be of interest to undergraduates, postgraduate researchers and lecturers, as well as lawyers who work in the field of criminal law, criminologists, social scientists and philosophers interested in ideas of wrongdoing and criminal justice responses to criminal offending.
Author: Tony Foley
Publisher: Routledge
ISBN: 1317151836
Category : Law
Languages : en
Pages : 372
Get Book Here
Book Description
What are the requirements for a just response to criminal wrongdoing? Drawing on comparative and empirical analysis of existing models of global practice, this book offers an approach aimed at restricting the current limitations of criminal justice process and addressing the current deficiencies. Putting restoration squarely alongside other aims of justice responses, the author argues that only when restorative questions are taken into account can institutional responses be truly said to be just. Using the three primary jurisdictions of Australia, New Zealand and Canada, the book presents the leading examples of restorative justice practices incorporated in mainstream criminal justice systems from around the world. In conclusion, the work provides a fresh insight into how today’s criminal law might develop in order to bring restoration directly into the mix for tomorrow. This book will be of interest to undergraduates, postgraduate researchers and lecturers, as well as lawyers who work in the field of criminal law, criminologists, social scientists and philosophers interested in ideas of wrongdoing and criminal justice responses to criminal offending.
Author: L. Walgrave
Publisher: Routledge
ISBN: 1903240972
Category : Law
Languages : en
Pages : 270
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Book Description
Restorative justice has developed from a barely known term to a central role in debates on the future of criminal justice. But as it has moved into the mainstream so new tensions and issues have emerged as it becomes increasingly integrated into normal practice, and part of broader legal and judicial systems both in common law countries and those with centralised legal systems. The purpose of this book is to explore this developing relationship between the concepts and practice of restorative justice on the one hand, and the law and legal systems on the other. Amongst the questions it addresses are the following: how are informal processes to be juxtaposed with formal procedures? what is the appropriate relationship between voluntarism and coercion? how can the procedures and practices of restorative justice be combined with legal standards, safeguards and precepts?
Author: Tony Foley
Publisher: Lund Humphries Publishers
ISBN: 9781409465348
Category : LAW
Languages : en
Pages : 262
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Book Description
This book argues for restoration as one of the main objectives of the criminal justice process and offers an approach aimed at restricting the current limitations of criminal justice process and addressing the current deficiencies. Drawing on comparative and empirical analysis of existing models of global practice from the three primary jurisdictions of Australia, New Zealand and Canada, the book provides the leading examples of restorative justice practices incorporated in mainstream criminal justice responses from around the world.
Author: Daniel W. Van Ness
Publisher: Routledge
ISBN: 1317521676
Category : Social Science
Languages : en
Pages : 331
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Book Description
Restoring Justice: An Introduction to Restorative Justice offers a clear and convincing explanation of restorative justice, a movement within criminal justice with growing worldwide influence. It explores the broad appeal of this new vision and offers a brief history of its development. The book presents a theoretical foundation for the principles and values of restorative justice and develops its four cornerpost ideas of encounter, amends, inclusion and reintegration. After exploring how restorative justice ideas and values may be integrated into policy and practice, it presents a series of key issues commonly raised about restorative justice, summarizing various perspectives on each.
Author: R. Thilagaraj
Publisher: Springer
ISBN: 3319476599
Category : Social Science
Languages : en
Pages : 202
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Book Description
This book systematically introduces the practice of restorative justice in India, as a resource for comparative criminal justice research. “Restorative justice” focuses on the rehabilitation of offenders through reconciliation with victims, and with the community at large. It has gained momentum as a justice reform movement in Western countries within the past three decades, and it is estimated that up to one hundred countries worldwide utilize restorative justice practices. Within Western countries, it is seen largely a response or alternative to the perceived deficiencies of the existing criminal justice system. India has a rich tradition of restorative justice, and this work introduces both the traditional basis and contemporary practices of this justice system in India, in a comprehensive and systematic way. The contributions to this work cover three main areas: I. The Tradition of Restorative Justice in India II. The Development of Restorative Justice in India III. Restorative Justice Practices in India The third part – “Practices” covers special topics: including Restorative Justice and the Court, Restorative Justice and Incarceration, Restorative Justice and Juveniles, and Restorative Justice and Woman. The book covers the full range of the issues of restorative justice in India and will be a highly valuable resource book for researchers and upper level graduate students interested in alternative justice models in general, comparative criminology, and criminal justice in India specifically. “A landmark volume in the history of restorative justice and criminology in India. Many outstanding scholars in this collection outline the Indian experience of restorative justice from which the world has much to learn.” John Braithwaite Australian National University
Author: Margarita Zernova
Publisher: Routledge
ISBN: 1351965352
Category : Law
Languages : en
Pages : 185
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Book Description
The legitimacy and performance of the traditional criminal justice system is the subject of intense scrutiny as the world economic crisis continues to put pressure on governments to cut the costs of the criminal justice system. This volume brings together the leading work on restorative justice to achieve two objectives: to construct a comprehensive and up-to-date conceptual framework for restorative justice suitable even for newcomers; and to challenge the barriers of restorative justice in the hope of taking its theory and practice a step further. The selected articles start by answering some fundamental questions about restorative justice regarding its historical and philosophical origins, and challenge the concept by bringing into the debate the human rights and equality discourses. Also included is material based on empirical testing of restorative justice claims especially those impacting on reoffending rates, victim satisfaction and reintegration. The volume concludes with a critique of restorative justice as well as with analytical thinking that aims to push its barriers. It is hoped that the investigations offered by this volume not only offer hope for a better system for abolitionists and reformists, but also new and convincing evidence to persuade the sceptics in the debate over restorative justice.
Author: Tony Foley (Lawyer)
Publisher:
ISBN: 9781315576831
Category : Criminal justice, Administration of
Languages : en
Pages : 252
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Book Description
Author: Dr Theo Gavrielides
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409470733
Category : Law
Languages : en
Pages : 631
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Book Description
This book takes bold steps in forming much-needed philosophical foundations for restorative justice through deconstructing and reconstructing various models of thinking. It challenges current debates through the consideration and integration of various disciplines such as law, criminology, philosophy and human rights into restorative justice theory, resulting in the development of new and stimulating arguments. Topics covered include the close relationship and convergence of restorative justice and human rights, some of the challenges of engagement with human rights, the need for the recognition of the teachings of restorative justice at both the theoretical and the applied level, the Aristotelian theory on restorative justice, the role of restorative justice in schools and in police practice and a discussion of the humanistic African philosophy of Ubuntu. With international contributions from various disciplines and through the use of value based research methods, the book deconstructs existing concepts and suggests a new conceptual model for restorative justice. This unique book will be of interest to academics, researchers, policy-makers and practitioners.
Author: Marie Keenan
Publisher: Oxford University Press
ISBN: 0198858639
Category : Criminal justice, Administration of
Languages : en
Pages : 417
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Book Description
Concerned by the high attrition rates for sexual crime and the secondary victimization experienced by victims during their participation in the criminal justice system, this book analyses the extent to which restorative justice can address the justice gap that exists in current justice provision. Building on clinical experience and earlier research on sexual crime the authors engage with the complex dynamics and traumatic impact of sexual crime as a critical starting point for their research and examine whether restorative justice can contribute to a more enhanced justice response. The book presents extensive new data on restorative justice as applied in sexual violence cases across the globe. It engages with feminist concerns regarding the traumatic impact of sexual violence and the power imbalances that characterise these offences, as well as the potential for re-traumatisation and re-victimisation during the judicial process. While there is a risk of coercion of the victim to participate in the process, and manipulation of restorative justice by the offender, restorative justice has the potential to lead to the reprivatisation of sexual crime and ultimately to its decriminalisation. Having examined these topics in detail, the book concludes there is an important role for restorative justice in addressing the justice gap that exists after sexual crime and offers guidance on how this can be achieved.
Author: Lindsey Pointer
Publisher: Routledge
ISBN: 1000331873
Category : Law
Languages : en
Pages : 143
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Book Description
Restorative justice is an innovative approach to responding to crime and conflict that shifts the focus away from laws and punishment to instead consider the harm caused and what is needed to repair that harm and make things right. Interest in restorative justice is rapidly expanding, with new applications continuously emerging around the world. The restorative philosophy and conference process have shown great promise in providing a justice response that heals individuals and strengthens the community. Still, a few key questions remain unanswered. First, how is the personal and relational transformation apparent in the restorative justice process achieved? What can be done to safeguard and enhance that effectiveness? Second, can restorative justice satisfy the wider public’s need for a reaffirmation of communal norms following a crime, particularly in comparison to the criminal trial? And finally, given its primary focus on making amends at an interpersonal level, does restorative justice routinely fail to address larger, structural injustices? This book engages with these three critical questions through an understanding of restorative justice as a ritual. It proffers three dominant ritual functions related to the performance of justice: the normative, the transformative, and the proleptic. Two justice rituals, namely, the criminal trial and the restorative justice conference, are examined through this framework in order to understand how each process fulfills, or fails to fulfill, the multifaceted human need for justice. The book will be of interest to students, academics, and practitioners working in the areas of Restorative Justice, Criminal Law, and Criminology.
